Legislation Details

File #: 2023-1454   
Category: Regular Agenda Status: Agenda Ready
File created: 12/28/2023 Type: Board of County Commissioners
On agenda: 1/23/2024 Final action:
Title: Consider a lien reduction request for a Code Enforcement Board lien from $448,300.00 to $3,000.00 for Case # 06-28-CEB, on the property located at 1300 Arapaho Trail, Geneva, FL 32732, Tax Parcel ID: 09-20-32-301-001R-0000, current owner Everlast Group LLC (Nantej S. Khalsa, Applicant); District2 - Zembower (Liz Parkhurst, Project Manager)
Attachments: 1. Location Map of property, 2. Property Appraiser Office data information, 3. Background time line, 4. Case Documentation, 5. Release of Lien, 6. Regular Agenda Item 1.23.24 (morning).pdf

Title:

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Consider a lien reduction request for a Code Enforcement Board lien from $448,300.00 to $3,000.00 for Case # 06-28-CEB, on the property located at 1300 Arapaho Trail, Geneva, FL 32732, Tax Parcel ID: 09-20-32-301-001R-0000, current owner Everlast Group LLC (Nantej S. Khalsa, Applicant); District2 - Zembower (Liz Parkhurst, Project Manager)

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Division:

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Development Services - Planning and Development

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Authorized By:

Rebecca Hammock, Development Services Director

Contact/Phone Number:

Liz Parkhurst/407-665-7403

Motion/Recommendation

(1)  Approve a reduction to the Code Enforcement Board lien which totals $448,300.00 to an amount set by the Board of County Commissioners for Case # 06-28-CEB, on the property located at 1300 Arapaho Trail, Geneva, FL 32732, Tax Parcel ID: 09-20-32-301-001R-0000, owned by Everlast Group LLC (Nantej S. Khalsa, Applicant); require this reduced amount to be paid within 60 days, or the lien will revert to its original total amount of $448,300.00; and authorize the Chairman to execute the Release of Lien upon payment in full; or

(2)  Approve a reduction of the Code Enforcement Board lien of $448,300.00 to $3,000.00, for Case # 06-28-CEB, on the property located at 1300 Arapaho Trail, Geneva, FL 32732, Tax Parcel ID: 09-20-32-301-001R-0000, owned by Everlast Group LLC (Nantej S. Khalsa, Applicant); require this reduced amount to be paid within 60 days, or the lien will revert to its original total amount of $448,300.00; and authorize the Chairman to execute the Release of Lien upon payment in full; or

(3)  Approve a reduction to the Code Enforcement Board lien, from $448,300.00 to the total administrative costs of $236.10, for Case # 06-28-CEB, on the property located at 1300 Arapaho Trail, Geneva, FL 32732, Tax Parcel ID: 09-20-32-301-001R-0000, owned by Everlast Group LLC (Nantej S. Khalsa, Applicant); require this reduced amount to be paid within 60 days, or the lien will revert to its original total amount of $448,300.00; and authorize the Chairman to execute the Release of Lien upon payment in full; or

(4) Deny a reduction for a Code Enforcement Board lien from $448,300.00 to $3,000.00 for Case # 06-28-CEB, on the property located at 1300 Arapaho Trail, Geneva, FL 32732, Tax Parcel ID: 09-20-32-301-001R-0000, owner Everlast Group LLC (Nantej S. Khalsa, Applicant); require the original amount of $448,300.00; and authorize the Chairman to execute the Release of Lien upon payment in full; or

(5) Continue item to a date and time certain.

Background:

In response to a complaint on November 2, 2005, the Code Enforcement Officer observed the following violations located at 1300 Arapaho Trail, Geneva: unusable appliances, trash and debris and junk vehicles.

 

On April 27, 2006, the Code Enforcement Board issued an Order giving the Respondent a compliance date of May 28, 2006.

 

An Affidavit of Non-Compliance was filed by the Code Enforcement Officer after re-inspection on June 1, 2006.

 

On July 27, 2006, the Code Enforcement Board issued an Order finding Non-Compliance Imposing Fine/Lien, with the fine continuing to accrue until compliance is obtained.

 

The property owner remedied the violations, and an Affidavit of Compliance was filed by the Code Enforcement Officer after re-inspection on September 7, 2018. The lien totals $448,300.00. 

 

On September 23, 2021, Everlast Group LLC purchased the property through a Tax Deed Sale.

 

Pursuant to Florida Statutes, Chapter 162.10 Duration of lien, this lien will sunset on July 27, 2026.

 

A background timeline is attached.

 

Pursuant to County Policy, the following items should be considered when evaluating a lien reduction request:

 

(a)  The amount of the lien as compared to the value of the property:

 

Per the Property Appraiser information, the 2023 certified assessed value of the property is $182,180.00.  The lien totals $448,300.00. The lien amount is almost 2.5 times the assessed value of the property. The market value is likely more than the assessed value but still significantly less than the total lien amount.

 

(b)  The actions taken, or not taken, by the property owners in attempting to abate the code violation:

 

The previous property owner brought the property into compliance.

 

(c)  The amount of staff time expended to bring the property in compliance:

 

The estimated administrative costs on this matter total: $236.10.

 

Given the value of the property, the age of the lien, and the minimal administrative costs, staff would support a reduction to the lien amount.

 

Requested Action:

Staff requests the Board of County Commissioners approve a reduction to the Code Enforcement Board lien which totals $448,300.00 to an amount set by the Board of County Commissioners for Case # 06-28-CEB, on the property located at 1300 Arapaho Trail, Geneva, FL 32732, Tax Parcel ID: 09-20-32-301-001R-0000, owned by Everlast Group LLC (Nantej S. Khalsa, Applicant); require this reduced amount to be paid within 60 days, or the lien will revert to its original total amount of $448,300.00; and authorize the Chairman to execute the Release of Lien upon payment in full.